Impaired e-bike rider has no licence to lose

A St. Catharines man who crashed his e-bike into a utility pole while he was impaired by alcohol doesn’t have to worry about losing his driver’s licence.

That’s because he didn’t have one in the first place, so there was nothing for the judge to take away following the man’s guilty plea Thursday in Ontario Court of Justice in St. Catharines.

Michael York, 59, pleaded guilty to a charge of operating a motor vehicle while impaired by alcohol during the early morning hours on Aug. 2, 2014.

Assistant Crown attorney Tim Hill said the accused was driving an e-bike shortly after 2 a.m. on Queenston Street near Oakdale Avenue in St. Catharines. The driver was travelling about 10 km/h when he sideswiped a utility pole, lost control and fell off the bike.

When police arrived, York was found to be unsteady on his feet and he appeared to be impaired by alcohol.

The Crown said there were some legal issues with this case, one of which related to a problem with a key witness.

Defence lawyer John Bothwell said his client is on disability, suffers from a medical condition and has limited means to pay a fine.

He said York does not have an issue with alcohol and he understands the fact he is now not allowed to drive a motor vehicle for a year.

Court heard York does not currently have a driver’s licence.

In most circumstances, when a driver is convicted of operating a motor vehicle while impaired by alcohol, in addition to a fine or other sentence, the judge will suspend a driver’s licence for a period of time. The Ministry of Transportation may always suspend that driver’s licence for a greater period of time, depending on the person’s driving record.

The judge said it’s unusual to impose a minimum fine given that the accused has a related conviction, but there was some difficulty with a witness.

York was fined $1,000 and was given one year to pay. He has also been prohibited from driving a motor vehicle for one year.